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HomeMy WebLinkAboutPB-07/12/1966Southold Town Planning Board - OUTHOLD, L. I., N. Y. PLANNING BOARD MEMBERS John %Y/ickhern, Chairman Henry Moisa Alfred Grebe Archibald Youn~ William Unl~elbach SOUTHOLD TOWN PLANNING BOARD July 12a 1966 ~ A regular meeting of the Southold Town Planning Board was held at 7:30 P.M.i~iD.S,T.')t Tuesday~ July 12~ 1966, at the Town Office~ Main Road~ Southoldt New York, There were present: Messrs: John'Wickham, Chairman, Henry Moisa~ Alfred Grebe. Absent: Mr.. Archibald Young and Mr. William Unkelbach, due to illness. Also present: Howard Terry~ Building Inspector~ Otto Van Tuyl~ Consultant. THE CHAIRMAN: I will call the meeting to order at:'th~s time. First'I would like to say that ourmeetings are open meetings and we try to transact any and all business that is in the interestof the Townof Seutholdo We are here as citizens interested only~ I hope~ in the welfareof the Town of Southold. Some of use have prettystrong opinions. They are founded on what we believe is in the best interest of the Town of'Southold. Now, where do we start. MP~,~. VICTORIA: What is the complaint? The Chairman read aloud the new amendment-to the Rules and RegulatiOns for the Subdivision of'Land, concerning man-made c:~ls So,hold Town Planning Board -2- July 12a 1966 THE CHAIRMAN: Youn don't have approval of the Plann~g Board. My understanding is that you did not get'the approval from the Town Trustees. Theyhave jurisdiction over this. We, the Planning Board, had an unofficial report made by an adjoining property owner that the property has been damaged. Thisbecomes a concern of the Planning Board~ We are concerned with the fresh water resources and any and all canals that bring salt water into the land. OUr water engineer'tells us that we are using more ~han one half of all our water ~ with the present population. MR. LUNDBERG: Mr. Victoria only followed a creekthat was there for years. He only widened it a lite. THE CHAIRMAN: We do no allow anyone to dredge without a permit. MR~ VICTOR~; On your own property you need a permit? THE CHAIRMAN: Yes. you are endangering the water supply of ~ every one else. Mi~ VICTORIA: I can show you springs downthere that stop the water from flowing out o6-there. THE~CHAIRMAN: I can show you places in East Marion where they~J~,~i~x thought they had plenty of water. MR. LUNDBERG: When did ,they~irst fill 't/ils land in? MRS. VICTORIA~ In 1963. When we bought-that property we made plans for expansion and this creek'played an important part in our long'range plan. This dates back to 1950; TI4E'CHA~: The PlanningBoard will not,allow anyone to deepen or,widen or cut~nto the bog~ except~wherethere is no danger of damageing the water'supply of~Southold Town. MRS~ VICTORIA: When we a~kedMr. Latham he said we needed no permit on our ~ own land. · HE CHAIRMAN: Mr. Aathamhas done dredging~zfor~many people and he knows very well that a permitis required~ Now we have a problem here and just how we are going to handle it I am nc~sure. MR. LUNDBERG: We want to present the facts as-~hey are, and there was a natural canal here. Southold TownPlanning Board -3- July 12z 1966 THE CHAIRMAN: That has no bearing on this. MR~ LUNDBERG: All they have done is deepen and widen ~he canal. It was filled in by the County and 'they had to get permission from the Victorias simply'to put this fill in there. It wasn't as if they were cutting through a new canal. THE CHAIRMAN:This Board accepts this as fact. The Board's contention is that you have no permitto deepen or widen this canal. -.MR. LUNDBERG: If the canal-had not been filled in, we still would have this problem? THE CHAIRMAN: That is.right. We are going'by our Ruels and Reglations for the Subdi~siono f land. There is a question as to whether or not his is a subdivision. That is why we and the Town Tzustees work together. They pick-up where we leave off. lv~,' LIEQ~)HERG: There is nothing 'that requires these people to file a subdivision map until they start-selling off~'lots. THE CHA~ If there are four lots or less we waive filing a subdivision map. MR2 LUNDBERG: Just because they don~t file a map doesn't mean they can disregard the Ruels and Regulations. w~CHAIRMAN~ Even if you were able to work something outtalks Board and the Town Trustees, youmight still have a law suit on your hands from adjoining property o~ner. MR. LUNDBERG: This could be if someone else's property is damaged. MRs% VICT~Ri~%: Why.didn't the building inspector say something to us about this? THE CPIA~: It isn't'~his job to ask people if they are doing things in' accordance with the law. MRj LUNDBERG: Whatever the Victorias dida they did without malice. THE CHAIRMAN: I am speaking for the Planning Board. Whatever I say is my opinion. But the problem isa sometl~ing has to be done, this problem has to be rectified. What is the n~t step? Southold Town Board of Appeals -4- July 12~ 1966 THE'CHAIRMAN: I have no use for law suits. I don~t think the Town should bring action. This is n~ good business . We do feel that this iS endangering the health and welfare of'the Town of-Southold. This is the first,case a~ we c~mt't let it go unchallenged. I have tried <t~ present our sideof~the picture. Outside as I personally see it. You may question the others if you like. MRL LUNBERG: The Victorias would not have done this~ and gone to this big expense if theyknew ~that they were getting into this. They thought because it was a natural stream there would be no objection. They also thought that on your own property you do not need a permit. That~is the problem. MRS. VICTORIA: When Fzr. Latham told us we neededno pezmit we took-him at his wo~.~. We did not do this with the ~ intention of going against any regulations. Since 1950 this has been a part of our long range plan. We weren't'trying to step on anyone toes. We ~have alot of sour grapes around there too. I don~t think we are damaging his propertY,/ MP~' VI~TOR'IA~ ~ We are 10 feet'from the property line. MR. LUNDBERG: '~X If they were. to put a well area- I don't think they would get~alt water. MR. VICTORIA: There is nothing by hog-there. in. 'that particular MR. LU~qDBEI~.~ Your ~ complaint is based on salt water. THE CHA~: When you start cutting into the land you allow the.fresh water to flow out. MR. VICTORIA: The~e is no fresh water down there, THE~CHAIRFR%N: Yes th~.~e .is. And when you cut-through you are damageing the water suPPly of the rest of the Town of Southold. MR~ VICTORIA: When Latham dug in there~tthere was no sign of fresh water, only'bog. THE' CHAIRMAN: I am sure you see our point. We are-concerned with all the people. Now we are concerned with just~how the problem will be remedied. Southold 'Town Board of' Planning -$- July' 12,,1966 MR~ LUNDBERG: We hoped that we could settle ~this matter here~ MRS.' VICTORIA: Who was the' other prop~ty.owner on 'the canal that~made a complaint~ THE CHAIRMAN: I am not at liberty to disclose his name. VICTORIA: Mr. Bitz is the only one on the canal. MR.~ LUNDBERG: I think we can~ work out something fair an equitable. I will be glad to talk to my' clients. THE CHAIRMAN: Speaking for the Planning Board.,.. we would welcome a solution. Howe~er. we just can't~overlook it. MRS:~ VIC~.©RIA: I amst'ili curious about the other neighbor besides' Mr. Bitz. THE CHAIRMAn: ~-x~ I' can't disclose his name. MR, LU~)BERG: Could we have another mee~ng? THE CHAIRMAN: Yes. We can talk this over wi'th the Town Trustees. Both of us~.~are representing the Town. i(~lrs. Victoria presented a map to the Planning Board showing the long'range plan for'the property in question. The map Mrs. Victoria presen~=d~howed a subdivision plan surveyed by'Alden Young with more than four lots.) THE CHA~: Once the Town Trustees give you permission to dredge you own the bottom of the d~edged p~tion. That is why it is so important-to get permission befOre you start ~-to dredge, MRS',- VICTORIA: We have docks out and we have permits for them. We have limited ourselves to within our property lines. It~was a.gzeed that another meeting would be held to try to work out a fair agreement that would be suitable to all parties involved. Subsequently the Town Trustees and the Planning Board further discussed the dredging done by Victoria. Alvah Goldsmith stated that itwas early in Februarywhen the dredging first ~ started and the Victoria's were a~vised to obtain a permi~ to dredge. Southold Town. Planning Board -6- July 12, 1966 The following solutions were suggested as means of recL~ing 'the problem at-hand; ~1~-1) Make the Victorias pay for'damages on the land they have dredged; 2) Sell the Victorias a deed~to the dredgedportion; 3) sell the dredged protion to a third party; 41Ma~e the ViCtoria's restore tt~land as it was before any dredging took place. The Planning Board and The Town Trustees will meet furth~r~on th~ problem. The Town-Attorney will also be consulted to see what legal steps must be taken. PUBLIC HEARING: Upon question of approval of the following plat: Plat-of property owned by'Frederick and Hardol Resse, entitled Harbor'Lights Estates, Section II, consisting of a parcel of land of'5~895 acres~ situated at Bayview in-Southold, i~the Town of Southold~ Suffolk~County, New York, and bounded and described as followm~' BEGI/~;ING'at a point'on the westerly lineof~Windjammer Drive~ 310.83 feet northerly along said westorly line from -AnchorLane~ said point of beginr~ng being the ~ortheasterly corner of lot 10~ as shown on the"Map of Harbor'LightsEstates, Section I",~ filed in the Suffolk'County Clerk's Offlceas map %4362 from said point ofbeginning running along said lot 10 and along land of Frederick'and Harold Reese~ NJ. 64° ~5~ 10" W.- 365.42 feet~ thence along siad land of Reese, four courses: ~l) N. 20~ 12' 2'0" Eo '251.o25 feet; thence (2) N.-255 54' 50" E.300.0 feet; thence ~(3) S. 64° 05' 10" E.- 6~a.O .f6et; thence ~) S. 25° 54' 50" W.--'200o00 feet to the norther~lyline~of Harbor'.LightsDrive; thence along said northerly line, N. 64° 05' 10" W..~200.0 feet; thence across saidHa~bor'Lights Drive and along said westerlyline of Windjammer Drive~ S. 25° 54' 50" W. 333.40 feet; thence along said westerly line of :WindjammerDrive, S. 55~ 5~' 50" W.-19.17 feet to the point of beginning. The Chairman read the legal notice of hearing, and the proof of pmblication of the legalnotice. THE CHA~:-What is the condition o.~ the highways? HOWARD TERRRY: They are all included in the performance bond for Harbor Lights, Section I. They are all roughed in. July l~, 1966 Southold Town Planning Board -7- THE CHAIRMAN: I would like to say forthe record that the parkland playground provisions has been waived for'this section in view of the'fact parkland Playground will be provided in Section III or'this subdivision. Preliminary'approval of Section III, Harbor'Lights Estates is on file in the Office of the Planning Board. At this time I will open the hearing .and a~k to hear from anyone who is in opposition to this subdivision to be known a s Harbor Lights Estates~ Section II. (There was no response2) THE CHAIRMAN: Is there any~one present-who wishes to speak for this subdivision? ~(There was no responsel) TBECHAIRMAN:~For the record, M_r~ Reese was in Town this after- noon but because of other engagements he could not be present tonight. I also want to enter into the record that 9Lt. Reese has been most cooperative and he and the Planning Board have worked on this particular section for the last six months. If none wish 'to be heard one way or the other on' this sub- .division I will declare the hearing closed~ The final maps have been ~ signed by the"Bounty Board of Health.. On motion by Mr. Moisa~ seconded by Mr. Grebe~ it~ was RESOLVED, WI:IE~ Frederick and Harold Reese have petitioned the Southold Town Planning Board for final approval of their plat ~'known as Harbor Lights Estates,~ Section II, at~Southold, New York~ .and~ W~EREAS,:The Superintendent of Highways of the Town of Southoldhas inspected the amp and approves the highway layout of the roads to be constructed~ and his report is hereby accepted by the Planning Board~ and; WHEREAS, The park and playgmound provisions are waived for Section II~ in view of th~°fact that park and playground provisions will bemade in Section III of this same subdivision; Southold~Town Planning Board -8- July 12,. 19.66 WHEREAS%' the roads in 'Harbor'Lights,. Section II, have been covered by a performance bond submitted with Harbor Ligths~ Section I, ~ NOW THEEEFOREBE'IT. RESOLVEDthat the subdivision, to be known as Harbor~'Lights Estates, Section II.,. at~Southold~ New York~ consisting of~5.895 acres, owned and developed byFrederick andHarold Reese, be and hereby is approved,~ and; BEIE FURTHER RESOLVED that the Chairman of'the Southold Town Planning Beard be aukborized to sign the final maps on Harbor'Lights Estatesa Section II. Vote of the Board: Ayes:- Mr.. Wickham~ Mr. Moisa, Mr. Grebe. South Fork-Development~CorpOration again appeared'before the Board'with there preliminaryplan for a subdivision to be located atBalrview in Southold. This property.is on the south side of Main Bayview Road. Mr. Hamdsch presented'the Boa-rd the permit they received from'the Town Trustees to do dredging . Mr. Hamdsch said the~ounty Board of Health requires that all the cesspools be put on: upland~ They also have to take test holes. There will be 30 lots in this subdivision all of which are of sufficient size and ~reao On motion by Mr. Moisa, seconded by'Mr.. Greb~,~ itWas RESOLVED that~SOUth~T~ Ford Development~Corp.., be graf~d permission to. cut the =0ad~through up'to lot-number and preliminary'approval be given~to the subdivision up to lot. number 14~ no.~further. This approvai~does'nOt'inClude the ~a~erfrontage. Mapby otto Van Tuyl and'Son da~ed May 2, 1966. Vote of'~/qe Board: Ayes:- Mr~ Wi~k~am, Mr. M6'~Sa, Mr. Grebe. On motion by Mr, Moisa, seconded by'Mr. Grebe, it was RESOLVEDthat the minutes cf the $outhold Town Planning Board dated June 14, 1966, be approved as submitted. Vote of the Board: Ayes:-Mr. Wickham, Mr. Moisa~ Mr. Grebe. Southold Town Planning Board -9- July'12, 1966 The Chairman signed the final maps on SaltAire Estates~ located at'Mattituck, in the Town of Southold~ Su~Dlk'County, New Yorkz o~ned and developed by-Casbor~ Inc. The Chairman was informed that the Southold Town Board had accepted a performance bond from.Casbor,' Inc.~ at their meeting today. On motionby'Mr. Moisa, seconded by Mr. Grebe, it was RESOLVED that the Chairman be aU~orized to sign the final maps on Sterling Homes at Greenport, located in the Town of Southold,-Suffolk'County~ New York, owned and developed by'Christ~Stratakis. ~.ve roads in. this subdivision are c2mpleted and approvedO/~e Southold Town Superintendent of ~ghways. Vote of the Board: Ayes:-Mr. Wickham~ Fir. Moisa, F~r. Grebe. The next regular meeting of the Southold Town Plannisg Board will be held at'~:30 PjM%~ August 2, 1966, at the Town Office, Main Road,% Southold,. New York. The meeting was adjourned at 9:45 Respectfully submitted,i Barbara C.~ Dittmann,~ Secretary Southold Town Planning Board WICKHAM, i. CHAIRMAN